LTC 194-2017 City of Doral ResolutionMIAMIBEACH
OFFICE OF THE CITY CLERK
No. 194 -2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of the City Commission
t FROM:afael E. Granado, City CI
DATE: April 13, 2017
SUBJECT: CITY OF DORAL RESOLUTION
Attached for your information is Resolution No. 17 -70, adopted by the Mayor and Commission of
the City of Doral on April 12, 2017.
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF DORAL, FLORIDA, OPPOSING HOUSE BILL 17 (HB17) AND ANY
SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE
LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND
OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL
GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES,
REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY
ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL
REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN
MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON
BUSINESSES, PROFESSIONS, AND OCCUPATIONS; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE
The City of Doral Clerk has requested that a copy of this resolution be provided to the Miami
Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
LH
Attachment
F: \CLER \$ALL \LILIA \LTC's - Transmittal's\Resolution 17 -70 City of Doral.docx
Res. No. 17 -70
Page 1 of 4
RESOLUTION No. 17 -70
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF DORAL, FLORIDA, OPPOSING HOUSE BILL 17
(HB17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION
THAT WOULD PREEMPT THE LOCAL REGULATION OF
BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE
STATE BY PROHIBITING LOCAL GOVERNMENTS FROM
IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS,
LICENSES, PERMITS, OR REQUIREMENTS, AND ANY
ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL
REGULATIONS; OR THAT WOULD LIMIT LOCAL
GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL
REGULATIONS ON BUSINESSES, PROFESSIONS, AND
OCCUPATIONS; PROVIDING FOR TRANSMITTAL; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, House Bill 17 ( "HB 17 ") was filed for consideration during the Florida
Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is
cosponsored by Representative Paul Renner (R - Palm Coast); and
WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of
the House Commerce Committee voted favorably on a similar Committee Substitute Bill
("CS/HB 17 "); and
WHEREAS, CS /HB 17 would expressly preempt the Local regulation of
businesses, professions, and occupations to the State. of Florida by prohibiting local
governments from imposing or adopting certain rules, regulations, licenses, permits, or
requirements, and any associated fees; and
WHEREAS, CS /HB 17 would supersede all local government regulations on
businesses, professions, and occupations, even those regulations adopted prior to
January 1, 2017, if they were adopted without general law authority; moreover, such pre-
existing regulations would expire July 1, 2020; and
Res. No. 17 -70
Page 2 of 4
WHEREAS, under CS /HB 17, even if a local government had enacted a business
regulation authorized by general law prior to January 1, 2017, the existing regulation could
not be amended to impose additional regulations on business, professions, or
occupations; moreover, a local government could not modify such regulation, except to
repeal or reduce the regulation; and
WHEREAS, in addition, a local regulation not authorized under the CS /HB 17, or
expressly authorized by general law, would be a nullity and not enforceable; and
WHEREAS, CS /HB 17, and any similar or substitute legislation, would have far
reaching negative impacts upon local governments throughout the State and would
severely limit their ability to tailor local laws to their community needs, would sunset
current laws, and would prevent the enactment of new laws that address, among other
things, fair wages, human rights, environmental protections, and neighborhood quality of
life; and
WHEREAS, the Mayor and City Council strongly oppose CS /HB 17 and any similar
or substitute legislation that would preempt the local regulation of businesses,
professions, and occupations to the State of Florida, sunset existing local regulations, or
that would limit local governments in modifying or imposing additional regulations.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF DORAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are confirmed, adopted, and incorporated
herein and made a part hereof by this reference.
Section 2. Opposition to Legislation. The City Council hereby oppose House
Bill 17 and any similar or substitute legislation that would preempt the local regulation of
Res. No. 17 -70
Page 3 of 4
businesses, professions, and occupations to the State by prohibiting local governments
from imposing or adopting certain rules, regulations, licenses, permits, or requirements,
and any associated fees; that would sunset existing local regulations; or that would limit
local governments in modifying or imposing additional regulations on businesses,
professions, and occupations.
Section 3. Transmittal. The City Clerk is hereby directed to transmit this
Resolution to leadership of the Florida House of Representatives and Senate, as well as
the members of the Miami -Dade County legislative delegation.
Section 4. Effective Date. This Resolution shall become effective
immediately upon its adoption.
Res. No. 17-70
Page 4 of 4
The foregoing Resolution was offered by Councilmember Fraga who moved its adoption.
The motion was seconded by Councilmember Rodriguez and upon being put to a vote,
the vote was as follows:
Mayor Juan Carlos Bermudez Yes
Vice Mayor Pete Cabrera Not Present at Time of The Vote
Councilwoman Christi Fraga Yes
Councilwoman Claudia Mariaca Yes
Councilwoman Ana Maria Rodriguez Yes
PASSED AND ADOPTED this 12 day of April, 2017.
ATTEST:
04 IE DIAZ, CM
CITY CLERK
JUAN CAR fiS BERMUDEZ, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFIENCY
FOR THE USE AND RELIANCE OF THE CITY OF DORAL ONLY:
VVEISS, SEROTA, HELEN, COLE & BIERMAN, P.L.
CITY ATTORNEY